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(영문) 서울남부지방법원 2017.06.29 2017노820
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized and reflected the instant crime.

The defendant agreed with the public official in charge of violence victims, and the health of the defendant is not good due to brain typhism, anti-competitive disorder, etc.

However, the crime of this case is a bad crime that the defendant expressed a desire, threatens, and assaults to the public officials for a long time in the community service center.

The defendant not only committed the crime of this case during the period of suspension of execution due to special injury but also committed the crime of this case during the period of suspension of execution four times of suspension of execution, which has been punished as the same crime of violence, and is highly likely to repeat the crime

In addition, when considering all of the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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